Accelerated procedure

Greece

Author

Greek Council for Refugees

General (scope, grounds for accelerated procedures, time limits)

According to L 4375/2016 the basic principles and guarantees applicable to the regular procedure are also applied to the accelerated procedure. In particular, it makes clear that “the accelerated procedure shall have as a sole effect to reduce the time limits” for taking a decision.1

The examination of an application under the accelerated procedure must be concluded within 3 months,2 although the possibility to extend the time limits applies as in the Regular Procedure. The Asylum Service is in charge of taking first instance decisions for both regular and accelerated procedures.

An application is being examined under the accelerated procedure when:3

  1. The applicant comes from a Safe Country of Origin;4

  2. The application is manifestly unfounded. An application is characterised as manifestly unfounded where the applicant, during the submission of the application and the conduct of the personal interview, invokes reasons that manifestly do not comply with the status of refugee or of subsidiary protection, or where he or she has presented manifestly inconsistent or contradictory information, manifest lies or manifestly improbable information, or information which is contrary to adequately substantiated information on his or her country of origin, which renders his or her statements of fearing persecution under PD 141/2013 as clearly unconvincing;

  3. The applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents regarding his/her identity and/or nationality which could adversely affect the decision;  

  4. The applicant has likely destroyed or disposed in bad faith documents of identity or travel which would help determine his/her identity or nationality;

  5. The applicant has submitted the application only to delay or impede the enforcement of an earlier or imminent deportation decision or removal by other means; 

  6. The applicant refuses to comply with the obligation to have his or her fingerprints taken.

L 4375/2016 has marked some improvement compared to the previous PD 113/2013, as Article 51(7) no longer permits the use of the accelerated procedure for applicants who fail to comply with any of the obligations to cooperate with the authorities; or where the applicant has not provided information establishing, with a reasonable degree of certainty, his or her identity or nationality; or where the application had been submitted by an unmarried minor for whom an application had already been submitted by his or her parent(s) and was rejected, and the applicant had not invoked new substantial elements regarding his or her personal situation or the situation in his or her country of origin.

 

Personal interview

The conduct of the personal interview does not differ depending on whether the accelerated or regular procedure is applied (see section on Regular Procedure: Personal Interview). 

 

Appeal

Τhe time limit for lodging an appeal against a decision in the accelerated procedure is 15 days,5 as opposed to 30 days under the regular procedure.

The examination of the appeal shall be carried out at the earliest 10 days after the submission of the appeal.6 The Appeals Authority Committee must reach a decision on the appeal within 2 months.7

 

Legal assistance

The same legal provisions and practice apply to both the regular and the accelerated procedure (see Regular Procedure: Legal Assistance). Thus no state organised and funded legal aid scheme is provided even for second instance procedures.

  • 1. Article 51(1) L 4375/2016.
  • 2. Article 51(2) L 4375/2016.
  • 3. Article 51(7) L 4375/2016.
  • 4. Article 57 L 4375/2016.
  • 5. Article 61(1)(b) L 4375/2016.
  • 6. Article 62(2)(b) L 4375/2016.
  • 7. Article 62(6) L 4375/2016.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti